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Form 8843 - Statement for Exempt Individuals - Do I need to complete a closer connection form?

Personal Finance & Money Asked on May 20, 2021

I am a Canadian citizen that has studied and worked in the US over the past 5 years. I am unsure how to complete Part III Questions 11 and 12 on the Form 8843.

I was on an F1 from Aug 2010 – May 2014, a TN Visa from October 2014 to November 2015, lived in Canada from November 2015 – July 2017 and am now on an F1 visa (started in July 2017).

Question 11: Do I indicate TN for 2015? TN is not a listed visa option.

Question 12: Have I been present as a student for any part of more than 5 calendar years? Does this only date back to 2011? Do I include my years in US on a TN visa in this year count?

One Answer

You have already been an "exempt individual" for some part of at least 5 previous calendar years -- you would have been an "exempt individual" as a student during your time on F1 status in 2010, 2011, 2012, 2013, and 2014 (unless you were an "exempt individual" in earlier years and met this 5 year limit even earlier).

Therefore, you are not an "exempt individual" as a student during your time on F1 status in 2017 (and cannot file Form 8843), unless you can claim "closer connection to a foreign country".

If you are filing Form 8843 because you claim to be an "exempt individual" during your time on F1 in 2017 due to a "closer connection to a foreign country", you would check Yes for question 12, and attach evidence of your closer connection to a foreign country. TN does not have to be listed in question 11.

Answered by user102008 on May 20, 2021

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